Oregon Chapter 248
Chapter 248 — Political Parties; Presidential ElectorsDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 248 —
Political Parties; Presidential Electors
2007 EDITION
POLITICAL PARTIES; PRESIDENTIAL ELECTORS
ELECTIONS
GENERAL PROVISIONS
248.002 Definitions
248.004 Powers
of political parties; liability of political parties and of officers, employees
and members of political parties
248.005 Parties
to insure widest and fairest representation of members
248.006 Qualification
and maintenance of status as major political party; loss of status as major
political party; calculation of number of party members
248.007 Organization
of major political parties; applicability of ORS 248.012 to 248.315; election
of precinct committeepersons; notice to Secretary of State; use of primary
election
248.008 Qualification
as minor political party; party member registration requirement; eligibility to
nominate candidates; maintenance of status as minor political party; loss of
status as minor party
248.009 Process
for nominating candidates by minor political party; notice to filing officer;
notice of nominating convention
248.010 Use
of party name
248.011 Enforcement
of ORS 248.005 or political party rules
248.012 Notice
of committee meetings required
PRECINCT COMMITTEEPERSONS
248.015 Precinct
committeepersons; qualifications; election; vote required; term
248.017 Candidacy
for office of precinct committeeperson by person who attains age of 18 years
after deadline for filing declaration of candidacy
248.023 Certificates
of election; acceptance of office; list of precinct committeepersons; offices
declared vacant when no committeeperson elected
248.024 Resignation
or ineligibility of precinct committeeperson
248.026 Selection
of precinct committeeperson to fill vacancy; effective date of selection; term;
powers
248.027 Committeeperson
to continue on central committee despite change in precinct
248.029 Recall
procedure
COUNTY CENTRAL COMMITTEE
248.031 Precinct
committeepersons as county central committee; status and functions of committee
248.033 Organizational
meeting; notice
248.035 Transfer
of property; election of officers; notice of election; eligibility to vote
248.043 Procedure
if meeting not called; filling vacancies when no precinct committeeperson
elected; term of appointee; notice to county clerk
248.045 Proxies
prohibited; bylaws or rules; executive committee functions; voting privileges
STATE CENTRAL COMMITTEE
248.072 Authority
of state central committee
248.075 State
central committee; organizational meeting; notice
248.085 Transfer
of property; election of officers; bylaws or rules; executive committee
functions
DELEGATES TO NATIONAL CONVENTIONS
248.315 Selection
of delegates to national convention
PRESIDENTIAL ELECTORS
248.355 Selection
of presidential electors; candidate’s pledge
248.360 Election
time and number of presidential electors to be elected; names of presidential
electors not printed on ballot
248.370 Convening
of electors; vacancies; duties
248.380 Electors’
mileage expenses
GENERAL PROVISIONS
248.002
Definitions. As used in this
chapter:
(1) “Committee office” means chairperson,
vice chairperson or other office the county or state central committee of a
political party creates to govern the business of the committee.
(2) “County clerk” means the county clerk
or the county official in charge of elections.
(3) “Elector” means an individual
qualified to vote under section 2, Article II, Oregon Constitution.
(4) “Member” means an individual who is
registered as being affiliated with the political party. [1979 c.190 §67]
248.004
Powers of political parties; liability of political parties and of officers,
employees and members of political parties. (1) A minor political party or a major political party shall have all
the powers granted to a nonprofit corporation under ORS 65.077.
(2) A major or minor political party shall
be treated for purposes of contractual, tort or other liability as a nonprofit
corporation.
(3) Officers and employees of a major or
minor political party, including officers and employees of local subdivisions
of the parties, shall be treated as officers and employees of nonprofit
corporations for liability for all matters relating to the political party.
(4) Any member of a governing body of a
major or minor political party, including local subdivisions of the parties,
shall be treated as directors of nonprofit corporations for liability for all
matters relating to the political party. If the bylaws of a party designate a
central committee, such as a state, county or congressional district central
committee, as the governing body of the party, then the members of the central
committee shall be directors of the party for purposes of this section.
(5) Notwithstanding ORS 65.157, creditors
of a major or minor political party may not proceed against members of the
political parties for liabilities members owe to the parties arising from their
party membership.
(6) This section does not affect the
liability of political committee directors, treasurers and candidates as
provided in ORS chapter 260. [1993 c.797 §5]
248.005
Parties to insure widest and fairest representation of members. Each political party by rule shall insure
the widest and fairest representation of party members in the party
organization and activities. Rules shall be adopted by procedures that assure
the fair and open participation of all interested party members. [1975 c.779 §1;
1979 c.190 §68]
248.006
Qualification and maintenance of status as major political party; loss of
status as major political party; calculation of number of party members. (1) An affiliation of electors becomes a
major political party in this state and is qualified to make nominations at a
primary election when a number of electors equal to at least five percent of
the number of electors registered in this state are registered as members of
the party not later than the 275th day before the date of a primary election.
An affiliation of electors satisfying the requirements of this subsection shall
be subject to the provisions of ORS 248.007 on the date the Secretary of State
determines the registration requirements are satisfied.
(2) The number of electors described in
subsection (1) of this section shall be calculated based on the number of
electors registered in this state and eligible to vote, as reported on the
official abstracts of the election, at the general election immediately
preceding the deadline specified in subsection (1) of this section.
(3) After an affiliation of electors
becomes a major political party under subsection (1) of this section, in order
to maintain status as a major political party subject to ORS 248.007, the party
must satisfy the registration requirement of subsection (1) of this section not
later than the 275th day before each primary election.
(4) An affiliation of electors ceases to
be a major political party if the registration requirements of subsection (1)
of this section are not satisfied by the 275th day before each primary
election. The affiliation of electors ceases to be a major political party on
the date the Secretary of State determines that the registration requirement is
not satisfied.
(5) When an affiliation of electors has
not satisfied the registration requirement of subsection (1) of this section
for the first time, at the request of a representative of the affiliation of
electors, the Secretary of State shall determine not less than once each month
whether at least five percent of the number of eligible electors registered in
this state are registered as members of the party. After an affiliation of
electors has qualified as a major political party, the Secretary of State shall
determine on the 274th day before each primary election whether the major
political party has satisfied the registration requirements described in
subsection (3) of this section. [1979 c.190 §69; 1993 c.797 §1; 1995 c.712 §14;
2001 c.721 §1]
248.007
Organization of major political parties; applicability of ORS 248.012 to
248.315; election of precinct committeepersons; notice to Secretary of State;
use of primary election. (1)
Subject to ORS 248.005, a major political party may organize and select
delegates to national party conventions in any manner.
(2) The provisions of ORS 248.012 to
248.315 do not apply to a major political party if the party has notified the
Secretary of State as provided in subsection (5) of this section that the party
does not intend to be subject to the provisions of ORS 248.012 to 248.315.
References to precinct committeepersons in any provisions of ORS chapters 246
to 260 do not apply to a party described in this subsection.
(3) ORS 248.012 to 248.315 apply only to a
major political party that has notified the Secretary of State as provided in
subsection (5) of this section that the political party intends to be subject
to the provisions of ORS 248.012 to 248.315. References to precinct
committeepersons in any provisions of ORS chapters 246 to 260 shall apply to a
party described in this subsection. If a major political party fails to notify
the Secretary of State under this subsection, the party shall be considered
subject to the provisions of ORS 248.012 to 248.315.
(4) A major political party shall notify
the Secretary of State as provided in subsection (5) of this section if the
party does not intend to be subject to the provisions of ORS 248.012 to 248.315
except that the party intends to elect precinct committeepersons. If a party
notifies the Secretary of State under this subsection, the party shall elect
precinct committeepersons only as provided in ORS 248.015 and shall elect
precinct committeepersons in the same manner in all precincts in this state.
(5) Not later than the 274th day before
the date of the primary election, a major political party shall notify the
Secretary of State in writing whether or not the party intends to be subject to
the provisions of ORS 248.012 to 248.315 or whether the party intends to elect
precinct committeepersons under subsection (4) of this section. If the major
political party does not intend to be subject to the provisions of ORS 248.012
to 248.315 or intends to elect precinct committeepersons under subsection (4)
of this section, the party shall file with the Secretary of State, at the same
time notice is given under this subsection, a copy of its organizational
documents setting forth the manner in which its officers and managing
committees are selected or any other manner in which it conducts its affairs.
(6) In each even-numbered year, a major
political party shall file with the Secretary of State a statement indicating
that the party is operating subject to ORS 248.012 to 248.315 or a copy of
current organizational documents setting forth the manner in which its officers
and managing committees are selected or any other manner in which it conducts
its affairs. Material described in this subsection shall be filed on the 274th
day before the third Tuesday in May of each odd-numbered year.
(7) A major political party subject to the
provisions of this section shall nominate candidates of the major political
party, for other than political party office, at the primary election. [1993
c.797 §3; 1995 c.712 §15]
248.008
Qualification as minor political party; party member registration requirement;
eligibility to nominate candidates; maintenance of status as minor political
party; loss of status as minor party. (1) An affiliation of electors becomes a minor political party in the
state, a county or other electoral district, qualified to make nominations for
public office in that electoral district and in any other electoral district
wholly contained within the electoral district, when either of the following
events occurs:
(a) When the affiliation of electors has
filed with the Secretary of State a petition with the signatures of at least a
number of electors equal to one and one-half percent of the total votes cast in
the electoral district for all candidates for Governor at the most recent
election at which a candidate for Governor was elected to a full term. The
petition also shall state the intention to form a new political party and give
the designation of it. The filed petition shall contain only original
signatures. The petition shall be filed not later than two years following the
date the prospective petition is filed. The circulator shall certify on each
signature sheet that the circulator witnessed the signing of the signature
sheet by each individual whose signature appears on the signature sheet and
that the circulator believes each individual is an elector registered in the
electoral district. The Secretary of State shall verify whether the petition
contains the required number of signatures of electors. The petition shall not
be accepted for filing if it contains less than 100 percent of the required
number of signatures. The Secretary of State by rule shall designate a
statistical sampling technique to verify whether a petition contains the
required number of signatures of electors. A petition shall not be rejected for
the reason that it contains less than the required number of signatures unless
two separate sampling processes both establish that the petition lacks the
required number of signatures. The second sampling must contain a larger number
of signatures than the first sampling. The Secretary of State may employ
professional assistance to determine the sampling technique. The statistical
sampling technique may be the same as that adopted under ORS 250.105. Before
circulating the petition, the chief sponsor of the petition shall file with the
Secretary of State a signed copy of the prospective petition. The chief sponsor
shall include with the prospective petition a statement declaring whether one
or more persons will be paid money or other valuable consideration for
obtaining signatures of electors on the petition. After the prospective
petition is filed, the chief sponsor shall notify the filing officer not later
than the 10th day after the chief sponsor first has knowledge or should have
had knowledge that:
(A) Any person is being paid for obtaining
signatures, when the statement included with the prospective petition declared
that no such person would be paid.
(B) No person is being paid for obtaining
signatures, when the statement included with the prospective petition declared
that one or more such persons would be paid.
(b) When the affiliation of electors has
polled for any one of its candidates for any public office in the electoral
district at least one percent of the total votes cast in the electoral district
for all candidates for:
(A) Presidential elector at the last
general election at which candidates for President and Vice President of the
(B) Any single state office to be voted
upon in the state at large for which nominations by political parties are
permitted by law at the most recent election at which a candidate for the
office was elected to a full term.
(2) After satisfying either requirement of
subsection (1) of this section, the minor political party may nominate
candidates at the next general election if at any time during the period
beginning on the date of the next primary election and ending on the 90th day
before the next general election, a number of electors equal to at least
one-tenth of one percent of the total votes cast in the state or electoral
district for all candidates for Governor at the most recent election at which a
candidate for Governor was elected to a full term are registered as members of
the party.
(3) A filing officer shall not accept a
certificate of nomination of a candidate nominated by a minor political party
unless the minor political party has satisfied the registration requirement of
subsection (2) of this section.
(4) After a minor political party
qualifies to nominate candidates, in order to maintain status as a minor
political party:
(a) A candidate or candidates of the party
must poll a number of votes described in subsection (1)(b) of this section at
each subsequent general election and following each general election, the
registration requirement of subsection (2) of this section must be satisfied;
or
(b) Following each general election, at
any time during the period beginning on the date of the next primary election
and ending on the 90th day before the next general election, a number of
electors equal to at least one-half of one percent of the total number of
registered electors in this state must be registered as members of the party.
(5) An affiliation of electors ceases to
be a minor political party in the state or electoral district if:
(a) The registration requirement of
subsection (2) or (4)(b) of this section is not satisfied. The affiliation of
electors ceases to be a minor political party on the date of the deadline for
satisfying the registration requirement; or
(b) Except as provided in subsection
(4)(b) of this section, in the case of a minor political party qualified to
nominate candidates, a candidate or candidates of the minor political party do
not satisfy the one percent requirement specified in subsection (1)(b) of this
section at the next general election. The affiliation of electors ceases to be
a minor political party on the date of the election.
(6) During the period beginning on the date
of the primary election and ending on the 90th day before the date of the
general election, the Secretary of State shall determine not less than once
each month whether the registration requirement of subsection (2) or (4)(b) of
this section has been satisfied. If the party changes its name, only those
electors who register on or after the effective date of the name change as
members of the party under the new party name shall be counted as members of
the party under this subsection.
(7) An affiliation of electors or a minor
political party may not satisfy the one percent requirement referred to in
subsection (1)(b) of this section by nominating a candidate who is the nominee
of another political party at the same election. [1979 c.190 §70; 1983 c.756 §5;
1989 c.68 §1; 1989 c.923 §27; 1993 c.797 §§2,2a; 1995 c.606 §3; 1995 c.712 §16;
1997 c.287 §1; 1999 c.318 §23; 2001 c.331 §1; 2001 c.721 §3; 2007 c.848 §22]
248.009
Process for nominating candidates by minor political party; notice to filing
officer; notice of nominating convention. (1) A minor political party shall file with the filing officer a copy
of its organizational documents establishing its process for nominating
candidates for public office. The organizational documents shall be filed not
later than 30 days after they are adopted. The nominating process for
candidates for election at the general election shall provide an equal
opportunity to all registered members of the party within the electoral
district to participate in the process of making nominations or selecting the
delegates who will make the nominations. A minor political party shall file
copies of any changes to its organizational documents relating to nomination of
candidates for public office not later than 30 days after the date any changes
were made. The minor political party shall nominate candidates for public
office only in accordance with the procedures set forth in its organizational
documents.
(2) A minor political party shall file
with the filing officer a list of any officers selected by the party. The list
shall be filed not later than 10 days after any selection is made. A minor
political party shall file copies of any changes to the list of officers not
later than 10 days after the date any changes were made.
(3) Not later than the 10th day before any
nominating convention of a minor political party, notice shall be published at
least once in not fewer than three newspapers of general circulation within the
electoral district for which the nomination will be made. If there are fewer
than three newspapers of general circulation within the electoral district,
notice shall be published at least once in one newspaper of general circulation
within the electoral district for which the nomination will be made and other
public notice shall be given that is reasonably calculated to assure that party
members in the electoral district receive notice of the convention. The notice
shall contain the time and place of the convention, and the office or offices
for which nominations will be made. [1993 c.797 §4; 1995 c.606 §4]
248.010
Use of party name. Each
major political party and minor political party, its nominated candidates and
its members and officers shall have the exclusive right to use the whole party
name or any part of it. [Amended by 1957 c.608 §49; 1965 c.407 §1; 1975 c.779 §4;
1979 c.190 §71; 1983 c.514 §5]
248.011
Enforcement of ORS 248.005 or political party rules. Except as expressly required by law, the
Secretary of State, a county clerk or any other elections official shall not
enforce the provisions of ORS 248.005 or any other rule adopted by a political
party. [1995 c.606 §2]
248.012
Notice of committee meetings required. The chairperson of a county central committee or state central
committee shall notify by mail the entire membership of the committee not later
than the sixth day before the date of an anticipated meeting. Except for the
notice of an organizational meeting of a county central committee, failure to
give timely notice of the time, date and place of a meeting shall invalidate
the business of the meeting. [Formerly 248.100]
PRECINCT
COMMITTEEPERSONS
248.015
Precinct committeepersons; qualifications; election; vote required; term. (1) A precinct committeeperson shall be a
representative of the major political party in the precinct. At the primary
election a major political party shall elect from its members a committeeperson
of each sex for every 500 electors, or major fraction thereof, who are
registered in the precinct on January 31 of the year of the primary election.
In any event the political party members of a precinct shall be entitled to
elect not less than one committeeperson of each sex in the precinct. No person
shall hold office as committeeperson in more than one precinct.
(2) A member of a major political party
may become a candidate for precinct committeeperson of the precinct in which
the person is registered, or of a precinct within the same county adjoining
that precinct, by filing a declaration of candidacy described in ORS 249.031, except
as provided in subsection (3) of this section.
(3) ORS 249.031 (1)(i) shall not apply to
declarations of candidacy for candidates for precinct committeeperson.
(4) A member of the major political party
who has been a member of that party for 180 days before the primary election
may be elected by write-in votes as precinct committeeperson of the precinct in
which the member is registered, or of a precinct within the same county
adjoining that precinct.
(5) Unless a qualified person receives at
least three votes, no person shall be deemed to have been elected as precinct
committeeperson and the office of committeeperson shall be vacant.
(6) The term of office of a precinct
committeeperson is from the 24th day after the date of the primary election until
the 24th day after the date of the next following primary election.
(7) A precinct committeeperson shall not
be considered a public officer. [1965 c.407 §§3, 7; subsection (6) enacted as
1967 c.540 §3 (3); 1969 c.282 §1; 1977 c.199 §1; 1977 c.644 §1; 1979 c.190 §73;
1981 c.862 §1; 1991 c.87 §1; 1991 c.107 §3; 1995 c.712 §17]
248.017
Candidacy for office of precinct committeeperson by person who attains age of
18 years after deadline for filing declaration of candidacy. Notwithstanding any provision of ORS
248.015, an otherwise qualified person who will attain the age of 18 years
after the deadline for filing a declaration of candidacy for the office of
precinct committeeperson and on or before the date of the primary election, and
who is registered as a member of the major political party not later than the
date of the primary election, is eligible to file a nominating petition for the
office of precinct committeeperson, to be listed on the ballot and to be
elected to the office, including by write-in votes. [1993 c.583 §2; 1995 c.712 §18]
248.018 [1973 c.827 §24b; repealed by 1979 c.190 §431]
248.020 [Amended by 1957 c.608 §50; repealed by 1965
c.407 §18]
248.023
Certificates of election; acceptance of office; list of precinct
committeepersons; offices declared vacant when no committeeperson elected. (1) Not later than the 20th day after a
primary election, the county clerk shall mail a certificate of election to each
newly elected precinct committeeperson within the county. The clerk also shall
mail an “Acceptance of Office” form to each person elected by write-in votes to
the office of committeeperson. The form shall include a statement to be signed
by the person elected that the person is qualified to hold the office.
(2) A person elected by write-in votes to
the office of precinct committeeperson shall be certified for the office by
filing with the county clerk, not later than the 27th day after the date of the
primary election, a signed “Acceptance of Office” form.
(3) Not later than the 31st day after a
primary election, the county clerk shall prepare, maintain and furnish to the
chairpersons of the respective retiring county central committees within the
county and the chairpersons of the state central committees, a list of the
party precinct committeepersons elected and certified. At the same time the
county clerk shall declare the other offices of committeeperson vacant. [1965
c.407 §§4,5; 1975 c.779 §5; 1977 c.644 §2; 1979 c.190 §74; 1987 c.267 §10; 1995
c.607 §75; 1995 c.712 §19]
248.024
Resignation or ineligibility of precinct committeeperson. (1) A precinct committeeperson may resign
from the office by filing a written notification of resignation with the county
clerk. Upon receipt of this notification, the county clerk shall:
(a) Remove the name of the person from the
list of committeepersons.
(b) Declare that office vacant.
(c) Notify the appropriate county central
committee.
(2) When a precinct committeeperson ceases
to be registered in the precinct in which the committeeperson was elected or a
precinct adjoining that precinct within the same county, changes political
party registration or dies, the county central committee shall notify the
county clerk of the fact. Upon receipt of this notification, if the county
clerk determines that the notification is correct, the clerk shall:
(a) Remove the name of the person from the
list of committeepersons.
(b) Declare that office vacant. [Formerly
248.047]
248.025 [1965 c.407 §6; 1979 c.190 §79; renumbered
248.031]
248.026
Selection of precinct committeeperson to fill vacancy; effective date of
selection; term; powers. (1)
The members of a county central committee may select a member of the major
political party who is registered in the precinct in which the vacancy exists,
or registered in a precinct within the same county adjoining that precinct, to
fill a vacancy in the office of precinct committeeperson.
(2) When a county central committee votes
to select a person to fill a vacancy in the office of precinct committeeperson,
the chairperson of the committee shall give written notice to the county clerk
of the proposed selection. The selection shall take effect when the county
clerk upon timely verification of eligibility, places the name of the person
selected on the list of committeepersons. The county clerk shall then send
written notice of the selection to the person and the county central committee.
(3) A person selected to fill a vacancy in
the office of precinct committeeperson may be removed from office at the
pleasure of the central committee, but, except as provided in subsection (4) of
this section, otherwise shall hold the office for the unexpired term and shall
have the powers, duties and privileges of an elected committeeperson.
(4) A person selected to fill a vacancy in
the office of precinct committeeperson may not vote on the election of county
central committee officers at the organizational meeting of the committee as
provided in ORS 248.035. A person selected to fill a vacancy in the office of
precinct committeeperson may vote to fill any vacancy in a committee office
after the organizational meeting. [Formerly 248.055; 1987 c.620 §1; 2005 c.506 §3]
248.027
Committeeperson to continue on central committee despite change in precinct. A precinct committeeperson who represents a
precinct which is subsequently combined, consolidated or abolished shall
continue to be a member of the county central committee until the end of that
committeeperson’s regular term of office. [Formerly 248.057]
248.029
Recall procedure. (1) Except
as provided in this section, the provisions for recall of a public officer
under ORS 249.002 to 249.013 and 249.865 to 249.877, apply to a recall election
of a precinct committeeperson.
(2) A precinct committeeperson may be
recalled by a petition signed by the number of party members equal to not less
than 25 percent of the number of party members who voted in the precinct as it
existed at the preceding primary election. The petitioners shall state in not
more than 200 words on the recall petition the reasons for the recall. If the
committeeperson resigns, the resignation shall take effect on the date of the
resignation. If the committeeperson does not resign before the fifth day after
the petition is filed with the county clerk, a special election shall be
ordered by the county clerk to be held not later than the 25th day after the
petition is filed to determine whether the committeeperson will be recalled.
The recall election shall be held in the precinct as it existed when the
committeeperson was elected. On the ballot shall be printed the reasons for the
recall stated in the recall petition, and, in not more than 200 words, the
committeeperson’s justification of the committeeperson’s actions in office. The
committeeperson shall continue to perform duties of the office until the result
of the special election is declared.
(3) The cost of the election shall be paid
by the county central committee of the party of the committeeperson. [Formerly
248.053; 1981 c.173 §19; 1987 c.267 §11; 1995 c.712 §20]
248.030 [Amended by 1957 c.608 §51; repealed by 1965
c.407 §18]
COUNTY
CENTRAL COMMITTEE
248.031
Precinct committeepersons as county central committee; status and functions of
committee. The precinct
committeepersons of the county shall constitute the county central committee of
their party. The county central committee of each major political party is the
highest party authority in county party matters and may adopt rules or
resolutions for any matter of party government within the county which is not
controlled by the laws of this state. [Formerly 248.025]
248.033
Organizational meeting; notice.
(1) The organizational meeting of a county central committee shall be held no
less frequently than every 25 months.
(2) The retiring county central committee
shall prepare a written notice designating the time, date and place of the
meeting and file a copy of the notice with the county clerk not later than the
40th day before the date of the meeting. The retiring county central committee
also shall mail a copy of the notice to the state central committee.
(3) Upon request of a county central
committee, the county clerk shall provide the county central committee, without
charge, a list of the names, addresses and other contact information, including
electronic mail addresses or telephone numbers, of persons holding the office
of precinct committeeperson for that major political party on the date the
clerk receives notice of an organizational meeting under subsection (2) of this
section.
(4) The chairperson of the retiring county
central committee shall mail a copy of the notice of the time, date and place
of the meeting, not later than the 10th day before the meeting, to each member
of the county central committee. If permitted by the bylaws of the county central
committee, the county central committee may notify members by means other than
by mail. [1965 c.407 §8; 1975 c.779 §6; 1977 c.644 §3; 1979 c.190 §80; 1981
c.862 §2; 1987 c.267 §12; 1995 c.712 §21; 2005 c.506 §1]
248.035
Transfer of property; election of officers; notice of election; eligibility to
vote. (1) At the
organizational meeting of a county central committee:
(a) The officers of the retiring county
central committee shall make available to the committee the property, records
and funds owned or controlled by the retiring committee.
(b) The committee next shall elect a
chairperson, vice chairperson and other officers the committee considers
necessary. The persons elected to the offices need not be members of the county
central committee. The committee shall determine the term of each office. Only
a newly elected precinct committeeperson may vote on the election of committee
officers.
(2) The elected chairperson, within 48
hours of the chairperson’s election, shall send a list of the officers of the
committee to the county clerk and to the state central committee.
(3) Only a newly elected precinct
committeeperson or a person appointed or selected to fill a vacancy in the
office of committeeperson may vote to fill a vacancy in a committee office.
Immediately before a meeting of the county central committee at which there may
be an election to fill a vacancy in a committee office, the chairperson shall
obtain from the county clerk a list of committee members. The list shall
determine the eligibility of a committeeperson to vote to fill a vacancy in a
committee office. [1965 c.407 §9 (1), (2), (3), (4); 1973 c.773 §5; 1975 c.779 §7;
1979 c.190 §81; 2005 c.506 §4]
248.040 [Repealed by 1965 c.407 §18]
248.043
Procedure if meeting not called; filling vacancies when no precinct
committeeperson elected; term of appointee; notice to county clerk. If a newly elected county central committee
fails to meet or to organize or if no person within a county is elected by a
major political party as a precinct committeeperson, the chairperson of the
retiring state central committee shall appoint a temporary chairperson of the
county central committee. The temporary chairperson shall call an
organizational meeting and organize the committee as provided by applicable
provisions of ORS 248.033 and 248.035. A temporary chairperson appointed when
no precinct committeeperson is elected may appoint members to fill the
vacancies in the office of committeeperson for the precinct in which the
persons are registered. A person so appointed may be removed from office at the
pleasure of the central committee, but otherwise shall hold the office of
committeeperson for the unexpired term and shall have the powers, duties and
privileges of a committeeperson. When a person is appointed to the office of
committeeperson pursuant to this subsection, the temporary chairperson shall
notify, in writing, the county clerk of the appointment. The county clerk shall
place the name of the person appointed on the list of committeepersons. [1965 c.407
§9 (5), (6); 1979 c.190 §82]
248.045
Proxies prohibited; bylaws or rules; executive committee functions; voting
privileges. Proxies in no
instance shall be permitted to participate at any county central committee
meeting. At any meeting of the county central committee, the committee may:
(1) Adopt, amend or repeal bylaws or rules
for the government of the political party in the county.
(2) By the adoption of bylaws or of a
resolution, select an executive committee and authorize the executive committee
to exercise those powers delegated to it by the central committee including,
but not limited to, the power to fill a vacancy in the office of
committeeperson pursuant to ORS 248.026. In no event may the central committee
delegate, or the executive committee exercise, the power to elect a person to,
or fill a vacancy in a committee office. The persons selected as the executive
committee need not be members of the county central committee.
(3) Except as provided by ORS 248.035 (3),
grant participation and voting privileges to a:
(a) Person who holds a public office or an
office of a political party.
(b) Person who has been nominated for a
public office at the preceding primary election.
(c) Member of the executive committee of
the county central committee. [1965 c.407 §10; 1979 c.190 §83; 1987 c.267 §13;
1995 c.712 §22]
248.047 [1965 c.407 §11; 1967 c.540 §1; 1975 c.779 §8;
1979 c.190 §75; renumbered 248.024]
248.049 [1967 c.540 §3 (1), (2); repealed by 1979
c.190 §431]
248.050 [Repealed by 1965 c.407 §18]
248.053 [1967 c.540 §4; 1979 c.190 §78; renumbered
248.029]
248.055 [1965 c.407 §12; 1967 c.540 §2; 1975 c.779 §9;
1979 c.190 §76; renumbered 248.026]
248.057 [1967 c.124 §2; 1979 c.190 §77; renumbered
248.027]
248.060 [Amended by 1957 c.608 §52; repealed by 1965
c.407 §18]
248.070 [Amended by 1957 c.608 §53; 1961 c.94 §1;
repealed by 1965 c.407 §18]
248.071 [1965 s.s. c.1 §3 (enacted as 248.070);
repealed by 1967 c.227 §1]
STATE CENTRAL
COMMITTEE
248.072
Authority of state central committee. The state central committee is the highest party authority in the
state and may adopt rules or resolutions for any matter of party government
which is not controlled by the laws of this state. [1979 c.190 §84]
248.075
State central committee; organizational meeting; notice. (1) The state central committee shall
consist of at least two delegates from each county central committee and other
delegates from each county equal to the number of party members in the county
registered on the date of the primary election divided by 15,000. If the
remaining number exceeds 7,500, one additional delegate shall represent the
county. The delegates and an equal number of alternate delegates shall be
selected by the county central committee. When a delegate of a county central
committee is unable to attend a meeting of the state central committee, an
alternate delegate of the county central committee may attend the meeting.
(2) The organizational meeting of a newly
elected state central committee shall be held on a date to be determined by
party rule. The retiring state central committee shall mail notice of the
meeting, not later than the sixth day before the meeting, to each member of the
newly elected state central committee. If permitted by the bylaws of the state
central committee, the state central committee may notify members by means
other than by mail.
(3) The chairperson of the retiring state
central committee shall mail a notice of the meeting to the county central
committees not later than the 45th day before the meeting. The state central
committee may not reorganize without the mailing of this notification.
(4) If a county central committee fails to
organize before the organizational meeting of the state central committee, the
appointed temporary chairperson of the county central committee may act as the
sole delegate from that committee to the state central committee.
(5) If the retiring state central
committee does not mail notice of the organizational meeting under subsection
(2) of this section, the meeting may be called by a petition signed by at least
19 chairpersons of the county central committees. The petition shall state the
time, date and place of the organizational meeting. A copy of the petition
shall be mailed to each newly elected chairperson and vice chairperson of the
county central committees not later than the sixth day before the meeting. A
copy of the petition shall be filed with the Secretary of State. [1965 c.407 §13;
1975 c.779 §10; 1979 c.190 §85; 1981 c.862 §3; 1987 c.267 §14; 1995 c.712 §23;
2005 c.506 §2]
248.080 [Amended by 1957 c.608 §54; repealed by 1965
c.407 §18]
248.085
Transfer of property; election of officers; bylaws or rules; executive
committee functions. (1) At
the organizational meeting of the state central committee:
(a) The officers of the retiring state
central committee shall deliver to the newly elected committee the property,
records and funds owned or controlled by the retiring committee.
(b) The committee shall elect a
chairperson, vice chairperson and other officers the committee considers
necessary. The persons elected to the offices need not be members of the state
central committee. The committee shall determine the term of each office.
(c) The committee shall adopt, amend or
repeal bylaws or rules for the government of the state central committee.
(2) At any meeting of the state central
committee, the committee, by bylaw or resolution, may select an executive
committee and delegate powers to it. The persons selected as the executive
committee need not be members of the state central committee. In no event may
the central committee delegate, or the executive committee exercise, the power
to elect a person to fill a vacancy in state committee offices. However, the
central committee may provide in its bylaws for the appointment by the
executive committee of a temporary officer to fill a vacancy. [1965 c.407 §14;
1975 c.779 §11; 1979 c.190 §86]
248.090 [Amended by 1957 c.608 §55; 1965 s.s. c.1 §4;
1971 c.627 §1; repealed by 1975 c.779 §28]
248.095 [1989 c.986 §4; repealed by 1993 c.797 §33]
248.100 [Amended by 1965 c.407 §15; 1975 c.779 §12;
1979 c.190 §71; renumbered 248.012]
248.110 [Repealed by 1957 c.608 §231]
248.120 [Repealed by 1957 c.608 §231]
248.130 [Repealed by 1957 c.608 §231]
248.140 [Repealed by 1957 c.608 §231]
248.150 [Amended by 1957 c.608 §56; 1965 c.320 §1;
repealed by 1967 c.227 §1]
248.160 [Amended by 1957 c.608 §57; 1975 c.779 §12a;
1979 c.190 §87; repealed by 1983 c.567 §22]
248.170 [1973 c.773 §8; repealed by 1975 c.779 §28]
248.175 [1973 c.773 §9; renumbered 171.062]
248.180 [1973 c.773 §10; renumbered 171.064]
248.210 [1961 c.667 §2; 1965 c.407 §16; repealed by
1975 c.779 §28]
248.220 [1961 c.667 §3; repealed by 1975 c.779 §28]
248.310 [Amended by 1957 c.608 §58; 1975 c.779 §13;
repealed by 1979 c.190 §431]
DELEGATES TO
NATIONAL CONVENTIONS
248.315
Selection of delegates to national convention. (1) After a presidential preference primary
election, each major political party whose national affiliate holds a
convention to select its nominee for President of the
(2) Delegates to the national convention
of a party shall be selected in the manner provided by party rules, which shall
provide all electors registered as members of the party equal opportunity to
participate in the selection of delegates.
(3) Delegates to the national convention
of the party shall be selected so that the number of delegates who favor a
certain candidate shall represent the proportion of votes received by the
candidate in relation to the other candidates of that party at the presidential
preference primary election. Each person selected as a delegate shall sign a
pledge that the person will continue to support at the national convention the
candidate for President of the
(a) The candidate is nominated at the
convention;
(b) The candidate receives less than 35
percent of the votes for nomination at the convention;
(c) The candidate releases the delegate
from the pledge; or
(d) Two convention nominating ballots have
been taken. [1975 c.779 §15; 1979 c.190 §88; 1979 c.748 §1; 1987 c.267 §15;
1993 c.797 §28]
248.320 [Amended by 1957 c.608 §59; 1969 c.603 §1;
subsections (2), (3), (4) enacted as 1969 c.603 §4; 1971 c.685 §1; repealed by
1975 c.779 §28]
248.325 [1971 c.590 §2; repealed by 1975 c.779 §28]
248.330 [Amended by 1957 c.608 §60; 1969 c.603 §2;
repealed by 1975 c.779 §28]
248.340 [Amended by 1957 c.608 §61; renumbered
248.355]
248.350 [Amended by 1957 c.608 §62; repealed by 1975
c.779 §28]
248.352 [1965 c.526 §§2,3,5; repealed by 1975 c.779 §28]
248.354 [1965 c.526 §4; repealed by 1975 c.779 §28]
PRESIDENTIAL
ELECTORS
248.355
Selection of presidential electors; candidate’s pledge. (1) In a year when a President and Vice
President of the
(2) A candidate for elector when selected
shall sign a pledge that, if elected, the candidate will vote in the electoral
college for the candidates of the party for President and Vice President. The
Secretary of State shall prescribe the form of the pledge. The party shall
certify the names of the selected candidates for elector to the Secretary of
State not later than the 70th day before the election of electors. [Formerly
248.340; 1961 c.46 §1; 1961 c.667 §4; 1965 c.138 §1; 1975 c.779 §16; 1979 c.190
§89; 1993 c.797 §25; 2001 c.965 §2]
248.360
Election time and number of presidential electors to be elected; names of
presidential electors not printed on ballot. (1) At the general election in a year when a President and Vice
President of the
(2) The names of the electors shall not be
printed on the general election ballot. A vote for the candidates for President
and Vice President shall be a vote for the electors supporting those candidates
and selected as provided by law. The general election ballot shall state that
electors of President and Vice President are being elected and that a vote for
the candidates for President and Vice President shall be a vote for the
electors supporting those candidates. [Amended by 1979 c.190 §90; 1993 c.493 §4]
248.370
Convening of electors; vacancies; duties. The electors of President and Vice President shall convene at the
State Capitol on the Monday after the second Wednesday in December following
their election. If there is any vacancy in the office of an elector caused by
death, refusal to act, neglect to attend or otherwise, the electors present
immediately shall fill it by plurality of voice votes. When all the electors have
appeared or the vacancies have been filled, the electors shall perform the
duties required of them by the Constitution and laws of the
248.380
Electors’ mileage expenses.
An elector of President and Vice President of the
248.990 [1965 c.407 §17; 1975 c.779 §14; 1979 c.190 §93;
repealed by 1987 c.718 §5]
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